HOUSE BILL No. 4668 April 23, 1997, Introduced by Reps. Profit, Palamara and Wallace and referred to the Committee on Judiciary. A bill to amend 1978 PA 642, entitled "Revised probate code," by amending section 431 (MCL 700.431), as amended by 1984 PA 377. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 431. (1) A guardian of a minor has the powers and 2 responsibilities of a parent who is not deprived of custody of 3 the parent's minor and unemancipated child, except that a guard- 4 ian is not legally obligated to provide from the guardian's own 5 funds for the ward and is not liable to third persons by reason 6 of the parental relationship for acts of the ward. A guardian 7 has the following powers and duties: 8 (a) The guardian shall take reasonable care of a ward's 9 personal effects and commence protective proceedings if necessary 10 to protect other property of the ward. 02181'97 GWH 2 1 (b) The guardian may receive money payable for the support 2 of the ward to the ward's parent, guardian, or custodian under 3 the terms of any statutory benefit or insurance system, or any 4 private contract, devise, trust, conservatorship, or 5 custodianship. The guardian may receive money or property of the 6 ward paid or delivered pursuant to section 403. A sum so 7 received shall be applied to the ward's current needs for sup- 8 port, care, and education. The guardian shall exercise due care 9 to conserve any excess for the ward's future needs unless a con- 10 servator is appointed for the estate of the ward, in which case 11 excess shall be paid over at least annually to the conservator. 12 A sum so received by the guardian is not to be used for compensa- 13 tion for the guardian's services except as approved by order of 14 the court or as determined by a duly appointed conservator other 15 than the guardian. A guardian may institute proceedings to 16 compel the performance by a person of a duty to support the ward 17 or to pay sums for the welfare of the ward. 18 (c) The guardian shall facilitate the ward's education and 19 social or other activities, and shall authorize medical or other 20 professional care, treatment, or advice. A guardian is not 21 liable by reason of this consent for injury to the ward resulting 22 from the negligence or acts of third persons unless it would be 23 illegal for a parent to have consented. A guardian may consent 24 to the marriage of a minor ward. Subject to the conditions and 25 restrictions of chapter X ofAct No. 288 of the Public Acts of261939, as amended, being sections 710.21 to 710.70 of the Michigan27Compiled Laws1939 PA 288, MCL 710.21 TO 710.70, a guardian may 02181'97 3 1 consent to the adoption of a minor ward or release a minor ward 2 for adoption. 3 (d) A guardian shall report the condition of the ward and of 4 the ward's estatewhichTHAT is subject to the guardian's pos- 5 session or control, as ordered by court on petition of any person 6 interested in the minor's welfare or as required by court rule. 7 The report shall detail the condition of the ward, any medical or 8 sanitory treatment or care to which the ward was subjected, and 9 what reason, if any, exists for the continuation of the 10 guardianship. 11 (E) THE GUARDIAN SHALL NOTIFY THE COURT WITHIN 14 DAYS AFTER 12 A CHANGE IN THE WARD'S PLACE OF RESIDENCE. 13 (2) If a minor dies while under guardianship,anda con- 14 servator has not been appointed for the estate of the minor, and 15ifthe guardian has possession of any money of the deceased 16 minor, the court may, upon petition of the guardian and with or 17 without notice, hear a claim for burial expenses or any other 18 claim as the court considers advisable. Upon hearing the claim, 19 the court may enter an order allowing or disallowing the claim or 20 any part of it and provide in the order of allowance that the 21 claim or any part of it be paid immediately if the payment can be 22 made without injury or serious inconvenience to the minor's 23 estate. 02181'97 Final page. GWH